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READING COMPANY v. COMMODITY CREDIT CORPORATION

No. 13292.

289 F.2d 744 (1961)

READING COMPANY v. COMMODITY CREDIT CORPORATION, Appellant.

United States Court of Appeals Third Circuit.

Decided April 25, 1961.

Attorney(s) appearing for the Case

Howard E. Shapiro, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Geo. S. Leonard, Acting Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Jan E. DuBois, Philadelphia, Pa. (White & Williams, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal from an order of the court below granting summary judgment in favor of the plaintiff, Reading Company, in its action to recover $2,628.12 in charges for the storage of grain owned by the defendant, Commodity Credit Corporation. Two questions are presented.

First, does Interstate Commerce Service Order 905, which limits to 7 days the free time which may be allowed by rail carriers on cars held for unloading, apply where...

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